SB2317 98TH GENERAL ASSEMBLY

LRB098 06408 KTG 37876 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2317

Introduced 2/15/2013, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5C-3

from Ch. 23, par. 5C-3

Amends the Developmentally Disabled Care Provider Fund Article of the Illinois Public Aid Code. Provides that a developmentally disabled care facility that has delayed payment due to the State's failure to reimburse for services rendered may request an extension of the due date for payment and shall pay the assessment within 30 days of reimbursement by the Department of Healthcare and Family Services for the period the assessment is levied. Provides that the Department shall not deny a request for delay of payment of the assessment if the developmentally disabled care provider has not been paid for services provided during the quarter on which the assessment is levied. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 5C-3 as follows:

(305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3)

Sec. 5C-3. Payment of assessment; penalty.

(a) The assessment imposed by Section 5C-2 for a State fiscal year shall be due and payable in quarterly installments, each equalling one-fourth of the assessment for the year, on September 30, December 31, March 31, and May 31 of the year. A facility that has delayed payment due to the State's failure to reimburse for services rendered may request an extension of the due date for payment pursuant to subsection (b) and shall pay the assessment within 30 days of reimbursement by the Illinois Department for the period the assessment is levied.

(b) The Illinois Department is authorized to establish delayed payment schedules for developmentally disabled care providers that are unable to make installment payments when due under this Section due to financial difficulties, as determined by the Illinois Department. The Illinois Department shall not deny a request for delay of payment of the assessment imposed under this Article if the developmentally disabled care provider has not been paid for services provided during the quarter on which the assessment is levied.

(c) If a developmentally disabled care provider fails to pay the full amount of an installment when due (including any extensions granted under subsection (b)), there shall, unless waived by the Illinois Department for reasonable cause, be added to the assessment imposed by Section 5C-2 for the State fiscal year a penalty assessment equal to the lesser of (i) 5% of the amount of the installment not paid on or before the due date plus 5% of the portion thereof remaining unpaid on the last day of each month thereafter or (ii) 100% of the installment amount not paid on or before the due date. For purposes of this subsection, payments will be credited first to unpaid installment amounts (rather than to penalty or interest), beginning with the most delinquent installments.

(Source: P.A. 87-861; 88-88.)

Section 99. Effective date. This Act takes effect upon becoming law.